The Courts Consistently Brushed Back Trump’s Assaults on Immigrants in 2018

This article was originally published in the Los Angeles Times

For immigrants, there’s no way to sugarcoat 2018. The Trump administration enacted a series of draconian policies targeting noncitizens, and the one that will most define the year — and this administration — is the separation of thousands of children, some less than a year old, from their mothers and fathers at the U.S. border.

Conceived as a means to deter people from seeking refuge, the scope of the “zero tolerance” family separation policy was unprecedented, notwithstanding the administration’s claim that past presidents engaged in similar practices. The government took more 2,500 children away from their parents. The government did this systematically, without regard for the trauma that would inevitably follow and without a plan for how these families could ever be reunited. This was the worst policy I’ve seen in more than 25 years of civil rights work.

Of course, this was not the only attack on immigrants by the administration, which is also seeking to rescind the Deferred Action for Childhood Arrivals program, putting 800,000 young people who were raised here at risk of being deported. The administration has also enacted an asylum ban and abruptly taken protected status away from hundreds of thousands of people who fled wars and natural disasters decades ago.

And yet what I saw this past year has made me hopeful.

I spent much of the year traveling the country making legal arguments in defense of immigrants. I experienced the power of our courts to return children to their parents, affirm the fundamental right to seek asylum and stop entire communities from being hastily deported to countries where they fear persecution and torture.

Our courts not only held the line in numerous cases involving the government’s worst abuses, but also issued decisions that spoke to the country we aspire to be.

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Ms. Gloria Anasyrma

It is great how our country's government has all of these checks and balances, except when I am the one writing the checks.

Anonymous

I wish the aclu would just come out and say they want an open border. This way we would know where they stand and how radical they actually are.

AnonymouS

It ALWAYS amuses me when, people on the far left and people on the far right, point to some principle that they say is absolutely true. Like your comment about others want an open border when it's hardly true. I find that both of the "far" positions, left or right, are more often than not are supporting entirely by double-standards. Then it becomes hysterical how much each side uses their double-standards to make their case, when it like a bi-polar friend telling me one moment he or she likes something, then the next moment they say they don't like the same thing. Do you think psychological investments in double standards by such people which support their contradictory points of view may be an indicator of bi-polar disease? Watch how Trump takes both positions within a 24-hour period, reversing himself often in several areas, and see how he wiggles in his seat when it's apparent he's dithering? This is a measure of this same symptom of playing both sides against the middle.

Anonymous

Every ILLEGAL ALIENS/DREAMERS/TSP and overstayed VISA should be deported and then come back through the front door instead instead of the back door. They have every excuses for way the leave their countries. They can fight and join the police department,armed forces and join together to fight the gangs instead of running away like cowards they are. All that money they spend paying human smugglers they can live on. ONLY THEY CAN MAKE A DIFFERENCE IN THEIR LIVES but they choose to run and they will continue to run for the rest of their life. I have a suggestion to you ACLU lawyers why don’t you go to their countries and help them out. But of course you can’t or won’t. I was reading a story about how deportee are being let go into Mexico at night. Illegal aliens cross the border at night what the difference they are in harms way both way. Each illegal aliens/dreamers/tsp and overstayed visas holders should be held responsible for their own actions just like American criminals are. But we have to set of laws in America one for illegal aliens/dreamers /tsp and visa holders who overstayed which’s they don’t have to pay for actions. They get a free pass and American citizens have to pay for their crime so do their children. Where is your concerned for Americans children who parents are in prison? Where’s your concern for children in foster care? Where’s your concern for the homeless children in America street struggle to survive? Where’s is your concern for sexual abuse children that illegal aliens have done to them. Where your concern for dead children parents that illegal aliens killed? Where’s your concern for children that lives in crime ridden intercity? Where’s your concern for AMERICAN CHILDREN who don’t have enough to eat? Where your concern for the safety of AMERICAN CHILDREN? What I read ACLU is only concern about law breaking illegal aliens etc.

AnonymouS

But you're okay with an American president being a Russian proxy? You're being punked by him. Are you ignoring all the investigations in the the Trump campaign, Trump inauguration, Trump obstruction of justice, Trump Foundation, Trump Corporation, Trump Golf Courses, and so much more? Instead, you are focusing on the distraction he created at the border so you can be satisfied with law and order.

Anonymous

I really don’t care about trump. If the other former presidents weren’t spineless we would not have trump as president or all illegal aliens and their children here.

Anonymous

It is good that the courts "held the line in numerous cases," regarding the separation of children from asylum seekers. But the courts are not upholding the law regarding CPS violations committed in the act of separating MANY MORE children from families and homes within the US. The district courts, judges and the whole system, for the most part, is siding with CPS workers and in some cases joining them in blatantly violating the laws. For examples, denying a right to hearing on CPS allegations, when there is no emergency situation, and in clear violation of state and federal laws protecting due process. These courts hold closed-door hearings. So call public defenders who work for the STATE are appointed, who obviously know nothing about the law or refuse to file motions when it is violated by other state agents.

There is NO justice for parents or grandparents deprived of their constitutional and/or state right to care for a child, and there is no penalty AT ALL for caseworkers who lie on petitions, deprived parents of state and federal rights.

Richard Wexler of NCCPR has DOCUMENTED that these violations occur often, systematically and without public scrutiny all over the US - that most children do better remaining in their homes even when there ARE some neglect issues, and most cases allege neglect, which is often fabricated by caseworkers who get FEDERAL REIMBURSEMENT when they place children in foster care - -and NONE if they place with kin when a parent needs assistance. They get NO MONEY or very little if they help the parent with needs.

So there has been a CRISIS in child separations within the US for DECADES - and it's getting worse.

And worse of all, the courts - all the way up to the US Supreme -- WILL NOT address violations committed by caseworkers ----- only recently in the Ninth Circuit did the appeals court say they cannot LIE on a petition for child removal without liability.

Families abused by CPS and the courts in America HAVE NO ONE TO STEP IN AND REUNITE THEM WITH THE CHILDREN UNLAWFULLY TAKEN FROM THEM.

So PLEASE continue to fight for children at the border and PLEASE add to that fight ALL CHILDREN who are needlessly separated from loving families.

Anonymous

A bill of separating children from parent at the boarder was not started by President Trump it was by President Bill Clinton. Obama didn't change the separation bill and the first photos the Liberal papers put out with the children in cages was photos taken under Obama's administration. Obama was known as the "Deporter-in-Chief" so don't put this off on one President. Videos taken way before Trump was elected of Obama, Pelosi and Schumer asking to stop illegals they needed money for a wall.

Anonymous

you forgot the word illigal in alot of phrases

Tpnnoe

I back President, no illegal immigrants

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